Calcutta High Court
Irc Natural Resources Pvt. Ltd vs The New India Assurance Company Ltd on 13 June, 2022
ODC-7
ORDER SHEET
CS/82/2020
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IRC NATURAL RESOURCES PVT. LTD.
-VS-
THE NEW INDIA ASSURANCE COMPANY LTD.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : June 13, 2022.
Appearance:
Mr. Jishnu Saha, Sr. Adv.
Mr. Joydeep Sen, Adv.
Ms. Sananda Ganguly, Adv.
Mr. Rohit Banerjee, Adv.
... for the plaintiff
Mr. Soumendranath Ganguly, Adv.
Mr. Siddhartha Goswami, Adv.
... for the defendant
The Court: Counsel for both the parties are present.
Learned counsel for the plaintiff submits that the parties have
complied with the orders passed on earlier occasion.
Counsel for the parties have also filed affidavit of documents and
affidavit of admission and denial of documents. Let the same be kept with the
record.
As per the suggested issues filed by the parties, the following issues
are framed :
2
-: I S S U E S :-
1.Whether the instant suit is maintainable in law and in facts?
2. Whether the survey report issued by the surveyor is correct and has been made in consideration of the terms and conditions as set out in the relevant Contractors Plant and Machinery Policy (CPM Policy)?
3. Whether the repudiation of claim by the defendant is correct within the purview and scope of the CPM policy?
4. Whether the claimant in the instant suit proceeding is entitled to the claim of Rs. 28,80,51,635/- along with the interest @18% on the said amount per annum in excess of the amount as claimed, is correct?
5. Whether the plaintiff is entitled to its claim on account of fire destruction?
6. Whether the plaintiff is entitled to get any relief or reliefs? The plaintiff is directed to file examination-in-chief of the plaintiff's witness on affidavit by 29th June, 2022.
Let the matter be fixed on 29th June, 2022 for evidence of plaintiff's witness.
(KRISHNA RAO, J.) RS